When a loved one passes away because of someone else’s negligence, our Atlanta, GA wrongful death lawyer can tell you that the law provides different legal paths for families to seek justice. Two of the most common are wrongful death actions and survival actions. While these cases are closely related, they serve different purposes. Knowing the difference helps you understand what type of claim may apply to your situation. Our firm represents the injured parties and their families, so don’t hesitate to see how we can help you during this troubling time.
What A Wrongful Death Claim Covers
A wrongful death claim is meant to compensate surviving family members for the losses they face after the death of a loved one. These claims focus on the impact of the death itself. For example, you may be able to recover damages for:
- Loss of financial support the deceased would have provided
- Loss of companionship, care, and guidance
- Funeral and burial expenses
In this type of case, the surviving family members are the ones seeking compensation. The law recognizes that the death has caused direct harm to them, both financially and emotionally.
What A Survival Action Covers
A survival action is different. Instead of focusing on the family’s losses, it addresses the losses the deceased person experienced before passing away. You can think of it as a continuation of the personal injury claim the person would have filed if they had survived.
This may include damages such as:
- Medical expenses related to the injury
- Lost wages from the time of the injury until death
- Pain and suffering the person endured before passing
The recovery from a survival action becomes part of the deceased person’s estate and is distributed according to their will or state law.
Key Differences Between The Two
The main difference lies in who is considered to have suffered the loss. Wrongful death focuses on the family’s damages after losing their loved one, while survival actions address what the deceased went through before death.
Another difference is how damages are distributed. In wrongful death cases, the family members who bring the claim may receive the compensation directly. In survival actions, the recovery is distributed to the estate, and then it is divided according to inheritance laws or the deceased person’s estate plan.
In many cases, both types of claims can be filed together. This allows families to address the full scope of harm caused by the incident.
Why Acting Quickly Matters
Both wrongful death and survival actions have strict time limits. Waiting too long could affect your ability to bring a claim. Because of this, it is important to explore your legal options as soon as possible after a loss. Gathering evidence, reviewing medical records, and understanding how state law applies to your case are all steps that should happen early. At Deitch + Rogers, we work with families to pursue both wrongful death and survival actions when appropriate. If you have lost a loved one and are considering your legal options, contact us today for a free consultation to discuss your situation and learn how we can help.